Royal referral to the Superior Council of Ulemas, a constitutional measure for the completion of the process of revising the Family Code (academic)

Hibapress / MAP

The Royal Referral to the Superior Council of Ulemas regarding certain proposals of a religious nature, brought to the High appreciation of His Majesty King Mohammed VI by the Authority responsible for the revision of the Family Code, is a constitutional measure aimed at the completion of the process of revising this legislation, indicated Abderrahim Lamine, professor at the Faculty of Legal, Economic and Social Sciences of Rabat-Agdal and expert in family and childhood issues.

In a statement to MAP, Mr. Lamine noted that the Royal Cabinet’s press release contains clear guidelines for the Higher Council of Ulemas, the institution exclusively authorized by the Constitution to issue Fatwas, noting that these guidelines focus on the choice of open and constructive Ijtihad to find innovative and constructive solutions in accordance with the principles and precepts of Islam and aimed at ensuring the consecration of full and complete rights for all components of the family.

The Royal approach, he added, also aims to have modern legislation capable of preserving the cohesion of the Moroccan family as a pillar of the national community so that it can carry out its social roles. educational.

He underlined, in this regard, the central role of the Monarchical Institution in supervising Ijtihad on the basis of the norm according to which “one cannot authorize what is prohibited, nor prohibit what is authorized”. noting that this does not prevent a relevant Ijtihad for the explanation of religious prescriptions and for arriving at innovative theological solutions through a renewed and realistic reading of religious texts.

Mr. Lamine also underlined that the Superior Council of Ulemas has the theological and scientific skills necessary to issue a modern Fatwa consistent with the purposes of religion, and in phase with social reality and developments in society and the family unit.

His Majesty King Mohammed VI, may God assist him, President of the Higher Council of Ulemas, was kind enough, on Friday, to give His High Directives to the said Council, to examine certain questions contained in the proposals of the Authority responsible for the revision of the Family Code, by referring to the principles and precepts of the holy religion of Islam and its tolerant designs, and to submit a Fatwa on them for the High Appreciation of the Sovereign.